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HomeMy WebLinkAboutMinutes - 2003/11/24• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA i,3 ~ ~ Regular Meeting ` November 24, 2003 ~ ~ '~ ~ Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:02 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Many, Stigney, and Gunn 4. APPROVAL OF AGENDA A. Monday, November 24, 2003 City Council Agenda. City Administrator Ulrich requested that Item 8B be removed from the agenda. • MOTION/SECOND: Marty/Stigney. To Approve the Monday, November 24, 2003 Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT David Jahnke of 8428 Eastwood Road indicated he watched the work session and is concerned about the $150,000 to operate the Community Center. He then said that there seems to be some Council Members that are in favor of taking over the Community Center but every time the City does something like this it ends up costing more than anticipated. He further commented that the City is not very good at running a business to make money. Mr. Jahnke indicated that if the City takes this over there will be benefits and pay raises and comp time to pay. He then said that he would like the Council to be very careful about making this kind of decision because there have been bad decisions in the past and he would like to see better figures before jumping into this. Mayor Linke indicated that Council has asked for the numbers and for a further investigation into the numbers from when the City had its own Park and Recreation department. He then commented that the City brought in $90,000 and the YMCA is bringing in an average of • $40,000. Mounds View City Council November 24, 2003 Regular Meeting Page 2 • Mr. Jahnke asked Council to remember to include the costs of having employees when evaluating whether to take over the Community Center. Mr. Jahnke indicated that Mr. Whiting. had said when the Community Center was built that it would pay for itself but it is now costing the City $150,000 per year. Mayor Linke indicated he had made the comment that it would never make money as Park and Recreation is a service to the residents but, hopefully, it would generate enough revenue to offset a lot of the costs. Council Member Quick asked Mr. Jahnke to provide a copy of the minutes that show that Mr. Whiting made that statement. He then said that he remembers the opposite being true that Mr. Whiting had cautioned Council that the Community Center would not make money but at best would break even. Mr. Jahnke indicated he had gone out to Hudson and Mr. Whiting told him that. City Administrator Ulrich indicated that this item is scheduled for the January 5, 2004 work session where Staff will present a financial analysis. . 6. SPECIAL ORDER OF BUSINESS None. 7. JUST AND CORRECT CLAIMS A. Just and Correct Claims Council Member Marty asked for clarification on the copies of the Comprehensive Plan. Community Development Director Ericson indicated that when the Comprehensive Plan was produced the City did not make multiple copies and they are needed now as the Planning Commission is going to be reviewing it. Council Member Marty asked for clarification on Check Number 112189 for a plotter stand for $2,544.00. Finance Director Hansen indicated that it is used by public works for producing large documents and was authorized by Council by resolution earlier this fall. Council Member Marty asked for further information on the charge for Parks and Recreation from Kennedy and Graven. • City Attorney Riggs said he could not tell specifically but said it is all within the retainer. Mounds View City Council November 24, 2003 Regular Meeting Page 3 • Council Member Marty asked whether the amounts for the other consultants other is going to be added to the running total at the back. Finance Director Hansen indicated that the matter has to do with a dispute between the City and Mr. Harstad so it is not something that the City can bill them for. Council Member Marty asked for further information on the $1,200 charge to the Community Center project. City Attorney Riggs indicated that the charges were for dealing with issues surrounding the transfer of the management. Council Member Marty asked what Will Kill would be repairing as there is a note about repairs. Finance Director Hansen explained that the notation concerning repairs is a City named account to allocate the cost to. MOTION/SECOND: Marty/Quick. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, December 8, 2003 at 7:10 p.m. to Hold the First Reading and Consideration of Ordinance 724, an Ordinance Authorizing the City Council of the City of Mounds View to Set Water Rates and Surcharges Effective With the January 2004 Billings C. Consideration of Resolution 6137 Approving Change Order Number 4 for the County Road H2 Street Improvement Project -Installing Pipe Railing D. Resolution 6129, a Resolution Approving the Premise Permits for the Lion's Club to Permit Charitable Gambling at The Mermaid and Robert's Off 10 in the City of Mounds View E. Set a Public Hearing for Monday, December 8, 2003 at 7:15 p.m. to Discuss and Consider the Longview Estates Preliminary Plat F. Resolution 6141 Approving the Disposal of Three Pieces of Kitchen Equipment MOTION/SECOND: Marty/Gunn. To Approve the Consent Agenda as Presented. Ayes - 5 Nays - 0 Motion carried. 9. COUNCIL BUSINESS • A. Charter Commission Amendments Mounds View City Council November 24, 2003 Regular Meeting Page 4 • Mayor Linke indicated that his first question on the amendments is that these items came to Council from the Charter Commission and he does not see the minutes of their Commission meeting where it shows there was a quorum and he also only read 10 names on the Charter Commission. Council Member Stigney indicated that the judge that appointed them reduced the number. Council Member Quick asked how a judge could over rule a law. Council Member Stigney indicated that the statute provides the judge the discretion on how many members to appoint. Council Member Stigney indicated there were 6 members so there was a quorum. Council Member Quick asked why the order was not presented to the City Council. Council Member Stigney commented that the Council has no discretion over the Charter. Mayor Linke indicated that for common courtesy the Charter Commission should alert and allow citizens of the City of Mounds View the knowledge that there was a reduction in members that took it from a minimum of 11 to make a quorum down to 6. • Council Member Quick commented that, if a judge fails to appoint, the City Council appoints. City Attorney Riggs indicated there are a lot of issues at play but said that the judges have some discretion and this is usually done by some type of order. Mayor Linke indicated he wanted to postpone this issue until he has better information on what is going on and the legalities of the change. He then said he has a real concern that this Commission that deals with the City's Charter was reduced without the knowledge of the residents of the City of Mounds View or the City Council. MOTION/SECOND: Linke/Quick. To Postpone. Council Member Stigney indicated that if there is an issue on the authority of the judge to make the decision the City Administrator can obtain an answer on that question. He then asked whether it is the intent not to take action on the proposed amendments until the questions are resolved. He further commented that all the Charter Commission meetings are televised. Mayor Linke indicated he did not have minutes to see how many members voted and who was present at the meeting. • Council Member Stigney indicated that copies of the minutes are sent to City Hall and should be on file and available. Mounds View City Council November 24, 2003 Regular Meeting Page 5 • C7 Council Member Stigney indicated he has no issue with this because he viewed the meetings and saw what the action was. He then asked the City Attorney whether there was an issue with regard to the legalities of the change. City Attorney Riggs indicated he could review Chapter 410. Mayor Linke indicated he would like to postpone to provide the City Attorney with time to review the matter. He then said that the City would need to look at the original vote by the residents of the City of Mounds View and whether that vote set out the number of members. He then commented that he does not feel that the judge has the authority to change the number if it was set out by a vote of the people. Council Member Stigney asked whether there were any issues with the language in the resolution. Mayor Linke indicated that one has the changes designated but the other does not. He then commented that they should both be formatted in the same way so that Council is aware of the proposed amended language. Council Member Stigney disagreed and said that there is a statement at the top of the document that the section is an entirely new replacement section. Mayor Linke indicated he does have some issues with some of it but does not want to discuss it now as there is a motion to postpone the matter on the floor. MOTION/SECOND: Stigney/Gunn. To Amend the Motion to Postpone to a Motion to Postpone Until the City Attorney Has the Information Requested. Ayes - 2 Nays - 3(Linke/Many/Quick) Motion failed. Council Member Stigney questioned whether Roberts Rules of Order requires a motion to postpone to contain a time certain. Council Member Marty suggested not to exceed two months. MOTION/SECOND: Marty/Gunn. To Amend the Motion to Postpone to a Motion to Postpone Not to Exceed Two Months. Council Member Stigney indicated he did not see any reason to postpone for two months. He then asked whether there is an issue with the 60-day timeframe wording. Council Member Quick indicated he did not like how it was presented. • Mounds View City Council November 24, 2003 Regular Meeting Page 6 • City Attorney Riggs indicated that, technically, that provision is not binding upon the Council. The statute that applies is an acquiescence to say you have received the Charter amendment. He then said that there are waiting periods, if adopted that allow challenge by residents. Ayes - 4 Nays - 1(Stigney) Motion carried. Ayes - 4 Nays - 1(Stigney) Motion carried. Council Member Quick asked who the judge is. B. Resolution 6140, a Resolution Approving a Newsletter Advertising Policy City Administrator Ulrich indicated that the newsletter advertising policy was updated and Resolution 6140 would approve those updates. He then said that Staff would limit advertising before content as a matter of practice. MOTION/SECOND: Gunn/Marty. To Waive the Reading and Approve Resolution 6140, a Resolution Approving a Newsletter Advertising Policy. Ayes - 5 Nays - 0 Motion carried. C. Golf Course Manager's Quarterly Report • Ma or Linke indicated that Ms. Bur was elected to the New Bri hton Ci Council and will take Y g g t3' office in January. Golf Course Manager Burg indicated that the number of rounds did not increase as had been expected. She then said that the average round was $20.00 per person and to meet the projections that number needed to be $23.50 per person so Staff intends to look at changing rates and restructuring fees to meet that point. Golf Course Manager Burg indicated Staff intends to try to brand the golf course as the premium executive course and that should not be hard to do. She then indicated that Clear Channel intends to move forward with the billboards by approaching the state in a different way and Staff believes that would be following the recommendation of Governor Pawlenty to seek creative ways of financing. Golf Course Manager Burg indicated that there were a few unanticipated projects at the golf course this year. One of those was to repair the ninth green the other was to install a catch basin to catch grass clippings. She then commented that a lot of Staff time went toward repairing the ninth green but it is now repaired. She also indicated that the drought cost them over 1,000 hours for part time and full time staff with watering due to the sandy soils it had to be done every day. • Golf Course Manager Burg indicated that there were 33,000 rounds of golf, 17,000 buckets of balls, and 3,400 cart rentals. Mounds View City Council November 24, 2003 Regular Meeting Page 7 • Golf Course Manager Burg reviewed a handout showing rounds compared to other courses and said she thinks it shows Staff is doing a good job in this market and noted the driving range is doing well. Golf Course Manager Burg indicated that the water level on the ninth hole was lowered and balls removed which had not been done for at least two years and Staff pulled out over 20,000 golf balls, cleaned them up and sold them. Council Member Stigney asked for clarification as to whether this is a quarterly report or a five- month review and whether revenue and expenditures were through the end of the third quarter. Golf Course Manager Burg indicated she was able to get numbers through October when she put the report together. She then indicated that a copy of the report was received with the budget information. Council Member Stigney asked how much revenue was brought in and how much went out in expenditures. Golf Course Manager Burg indicated that to the end of October there was $585,202 in revenue and, at that point, it is $36,000 positive cash flow but there are still payments to be made and revenue not recorded. Council Member Sti ne asked whether the course is makin mone or not. g Y g Y Golf Course Manager Burg indicated that the course fell short this year. Council Member Stigney asked how short. Golf Course Manager Burg indicated she was not sure how it would come out after all the final figures are in but said she anticipates a shortage of $100,000. She then said that the course was projected to lose $64,000 but because revenues did not meet the projected $735,000 there will be a larger shortfall. Council Member Stigney asked why the rounds of golf come out even at 33,000 rounds. Golf Course Manager Burg indicated that the figures were rounded so there were more than 32,500 rounds. Council Member Stigney asked whether there would be a fourth quarter report. Golf Course Manager Burg indicated she would do a fourth quarter report in January. • Mounds View City Council November 24, 2003 Regular Meeting Page 8 Mr. Jahnke indicated he is concerned about the $100,000 shortfall but is also concerned that Ms. Burg has been elected to the New Brighton council and they have a golf course. He then said he is concerned that her loyalty may be compromised and cost the City business. Mayor Linke indicated that he does not feel the election to New Brighton council is an issue as he is comfortable with Ms. Burg's integrity, there are five people on the council so hers is only one vote. And, her paycheck comes from the City of Mounds View so it is in her best interest to make it successful. Mr. Jahnke indicated he feels there could still be a conflict of interest because he feels she has to look out for New Brighton. Golf Course Manager Burg indicated she would like to make people feel comfortable and assured everyone that if there is anything that would be a conflict she would abstain. She also indicated that she is the President of the Golf Manager's Association and works for the betterment of golf. She then said she is not threatened by the great business the New Brighton course is doing and her mission is to improve golf throughout the metro area but bring the business to The Bridges. D. Authorization to Advertise for Receptionist Position City Administrator Ulrich indicated-the position description was amended slightly. He then reviewed the changes with Council. • MOTION/SECOND: uick/Gunn. To Authorize Staff to Advertise for the Rece tionist Q P Position. Council Member Gunn indicated she still thinks this job can be part time rather than full time and she thinks it would be a perfect job for someone who has kids in school starting at 9:00 a.m. and leaving at 4:00 p.m. Council Member Marty asked for the City Administrator's opinion on the part time versus the full time. City Administrator Ulrich indicated that it would partially depend upon the market and he said that with part time you do not get the full coverage you would with full time. He then said that looking at what would work the need would be between 9:00 and 3:00 so it is possible to make a 30-hour position work. He further commented that he likes the expanded coverage that is possible with a full time person but will not say that part time will not work. Council Member Many asked if it would be possible to have two part time people, someone for morning and someone for afternoons to eliminate the need to pay benefits. City Administrator Ulrich indicated that the benefits with the AFSCME contract begin at 19 • hours. Mounds View City Council November 24, 2003 Regular Meeting Page 9 • Council Member Stigney indicated he feels it would be possible to work out a schedule that kept the hours below the 19 hours requiring benefits. Mayor Linke indicated that he does not feel it is a good idea to have two employees because there is not continuity that is required for some of the tasks. MOTION/SECOND: Stigney/Many. To Amend the Original Motion to Authorize to Advertise for Two Part Time Positions Staying Underneath the 19 Hours. Council Member Gunn asked what would happen if the City could not find two part timers. Council Member Stigney indicated that Staff could come back to Council. Council Member Quick indicated that he feels this amendment will make it more difficult to fill the position and if the amendment is passed it will make it more difficult to find someone who is adequate for the j ob and someone who will have a real reason to take the j ob. He then said that the idea of no benefits takes a whole lot of people out of the running as they are not interested in working toward the lower end of the pay scale with no benefits. He further commented that this City has a history of hiring entry level people and letting them progress up the line to higher levels of employment and he would like to see that continue. Council Member Stigney indicated there are no facts presented that a part time person cannot be • qualified and there are a lot of people out there that would want to work part time. He then said he takes exception to the statement and he thinks it is workable the way it is and, if not, Staff can come to Council to discuss it further. Mayor Linke indicated he appreciated the sentiment and appreciated the idea but he thinks that as a position and as providing service to residents and looking at job duties that trying to split it up will make it difficult to administer and hard to get work done. Council Member Quick indicated that the proposal would make more work for the rest of the Staff and cost the City money in the long run. Ayes - 2 Nays - 3(Gunn/Linke/Quick) Motion failed. Council Member Stigney indicated that the reason he supported going the other way is because he is entirely against this. He then said that it is an entirely unnecessary position. He also indicated that under the necessary knowledge, skills and abilities there is nothing about hearing and he feels that should be listed in order to be a receptionist. City Administrator Ulrich indicated that under physical demands it lists hearing and that is in accordance with the ADA requirements. • Council Member Stigney indicated his view is this is a totally unneeded, unnecessary position and he thinks the City does not need this at all is there is an automated system and this would Mounds View City Council November 24, 2003 Regular Meeting Page 10 create a position that would answer the calls and route them through the system when the system already does that. He further commented that he feels this is an unnecessary expenditure and he does not support it at all. Ayes - 4 Nays -1(Stigney) Motion carried. E. Resolution 6138 and 6139, Authorization to Advertise for Two New Police Officer Positions (Referendum) and One Replacement Police Officer Police Chief Sommer indicated that the Resolutions authorize to advertise for the two positions created by the referendum as well as a position created by internal promotion to sergeant. MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolutions 6138 and 6139 Authorizing to Advertise for Two New Police Officer Positions and One Replacement Police Officer. Council Member Stigney asked what the dollar figure for the positions is. Chief Sommer indicated it would be as set forth in the Law Enforcement Labor Services union contract. Council Member Quick asked if the City could post internally only for the sergeant position. Chief Sommer indicated he would recommend that. Ayes - 5 Nays - 0 Motion carried. F. Resolution 6136, a Resolution Authorizing the Purchase of a Character Generator MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6136, a Resolution Authorizing the Purchase of a Character Generator. Council Member Stigney asked what happens to the old one. Mr. Gammell indicated it is not working properly but it will be added to the excess equipment list and sold as is. Ayes - 5 10. APPROVAL OF MINUTES Nays - 0 Motion carried. A. City Council Minutes November 10, 2003 • Mounds View City Council November 24, 2003 Regular Meeting Page 11 • Council Member Marty requested the following changes: Page 7, Line 28 insert "are addressed". On Page 11, Line 21 change to Special City Council Meeting Session. On Page 5, Line 24 delete the last word "know". On Page 6, Line 26 after higher prices insert "by the Mermaid". On Page 9, Line 28 change last word from "the" to "their". MOTION/SECOND: Marty/Quick. To Approve the City Council Minutes for November 10, 2003 as Amended. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Council Member Many indicated he attended the Abbey Carpet open house and was impressed with the building. Council Member Stigney indicated that he had attended the open house and was impressed as well. He then indicated that he had discussed the matter of abstaining from voting by unanimous consent of Council and the City Attorney had recommended amending the Ordinance. City Attorney Riggs indicated it would be a simple ordinance amendment. Council Member Gunn thanked residents on behalf of the Irondale Marchin Kni hts for the g g emotion and financial support. Council Member Quick invited Council Members to take a look at the manhole covers on his block to see what he was talking about with the plow. B. Reports of Staff 1) Golf Course Cell Phone Update Council Member Stigney asked why there was a cell phone for the clubhouse and why the land line is not used. Golf Course Manager Burg indicated that there are no minutes on that phone and the Staff uses the radio feature of Nextel to communicate without having to phone in. City Administrator Ulrich asked Council to consider canceling the December 22, 2003 Council Meeting and indicated that the City Attorney would attend the first meeting instead and there is nothing scheduled for that agenda. • Council Member Stigney indicated that the Charter states that there must be two Council meetings per month. Mounds View City Council November 24, 2003 Regular Meeting Page 12 • Council discussed the matter and agreed to cancel the December 22, 2003 Council meeting if there are no legal issues with doing so. Police Chief Sommer handed out an organizational chart to Council. Mayor Linke asked Staff to make sure that everything handed out gets in the public book. C. Reports of City Attorney • None. 12. Next Council Work Session: Next Council Meeting: Monday, December 1, 2003 Monday, December 1, 2003 (Special) 13. ADJOURNMENT Mayor Linke adjourned the meeting at 8:24 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. •